Did you suffer an injury on a cruise ship? Did you contract an illness or suffer harm because of a crew member or another passenger? If so, you need a law firm on your side to help you through this complex legal process. Maritime law is complicated and not like other types of personal injury claims. That’s why you need a Miami cruise ship accident lawyer to advocate for your rights from the start.
Miami is one of the most popular cities in the world for cruise ships to depart from. It is a well-known vacation destination in its own right, and its coastal location in South Florida has been the port of departure for cruise ship destinations like the Bahamas, Bermuda, Cozumel, and the Cayman Islands.
The cruise ship industry has experienced tremendous growth in the last two decades. However, a slew of legal issues has accompanied that growth. From problems such as norovirus, loss of power, and mechanical failures, cruise lines have been the target of many lawsuits in recent years.
If you or someone you love have suffered harm due to the negligence of a cruise line, you may be entitled to damages for your injuries. Filing a personal injury claim against a major cruise line can be intimidating, especially when healing from your injuries. Let a Miami cruise ship accident lawyer at Prosper Shaked Accident Injury Attorneys PA handle your legal troubles, so you can receive the just compensation you deserve.
How Do Cruise Ship Accidents and Injuries Occur?
Cruise ships are just getting bigger, as popular cruise lines try to cram as many people onboard to increase profits. Passenger counts frequently exceed 5,000 people, not including crew members and staff. There are no law enforcement officers on board and limited medical services. As such, international viruses and serious injuries may not get treated as efficiently as they would in a large Miami-based hospital.
Passengers can become injured in various ways. They can suffer from food poisoning due to negligent kitchen staff or improper food handling. They can become injured in a shipboard activity, such as using water slides or snorkeling. Unruly and drunk passengers can also cause injury and harm to others.
No matter how your cruise ship accident and injury occurs, you deserve to have someone on your side fighting for your rights.
Why Contact Our Miami Cruise Ship Accident Lawyers?
Attorney Prosper Shaked is an award-winning lawyer who provides exceptional legal guidance and support after a serious cruise ship accident. Your life can get turned upside down after an accident. When this happens, cruise lines won’t look to make it right. Instead, they will work tirelessly to protect their own bottom lines. They may even deny liability altogether. We don’t let that happen.
After a cruise ship accident, you must focus on your recovery and rebuilding your life. Let us handle the legal aspects of your case and protect your right to complete compensation. Prosper Shaked knows the Miami community inside and out because he was born and raised here in Miami Beach. This local presence, combined with his extensive courtroom experience, makes him an ideal candidate to go toe-to-toe with large cruise lines after a serious injury accident.
At Prosper Shaked Accident Injury Lawyers PA, we represent clients who suffered an injury on all major cruise lines, including:
- Celebrity Cruises
- Norwegian Cruise Line
- Disney Cruise Line
- Carnival Cruise Lines
- Princess Cruises
- Royal Caribbean International
- Azamara Club Cruises
- Hapag-Lloyd Cruises
- MSC Cruises
- Oceania Cruises
- P&O Cruises
- Regent Seven Seas Cruises
- Seabourn Cruise Lines
- Virgin Voyages
Common Miami Cruise Ship Accidents and Injuries
A lot can go wrong on a ship that weighs over 100,000 tons, carries several thousand passengers, and is stuck in the middle of the ocean. Missing passengers, raging viruses, and inclement weather are just a few things that can turn a beautiful vacation into a full-blown nightmare.
Some of the most common cruise ship injuries and accidents suffered by passengers include:
- Slip and falls
- Food poisoning
- Sexual assault by crew members and other passengers
- Chemical injuries
- Swimming pool accidents and drowning
- Bed bug injuries
- Legionnaire’s Disease
- Norovirus
- Head trauma
- Medical malpractice
- Death on a cruise ship
Can I Sue a Cruise Ship If I Suffered an Illness?
If you get sick on a cruise ship, you might wonder if you can sue the cruise line for your illness. The answer depends on whether the cruise line or one of its employees acted negligently and this negligence caused your illness. Food poisoning and Legionnaires’ Disease are two common illnesses that are often the result of cruise ship negligence. Legionnaire’s Disease is a fatal illness that results from cruise lines not properly heating their pools and hot tubs. Food poisoning often occurs due to negligence when storing or handling food onboard.
Liability for Cruise Ship Injuries
As common carriers, cruise lines owe their passengers a higher than the standard duty of reasonable care. If a passenger is injured due to the negligence or carelessness of a cruise line or its crew members, they might be entitled to damages for injuries suffered.
Below is a list of parties who may be held liable for injuries suffered by passengers aboard a cruise ship:
- Ticketing agency
- Charter company
- Cruise ship owner
- Cruise line
- Liable third parties
When a passenger suffers an injury aboard a cruise ship, the most common way of seeking compensation for damages is to file a cruise ship injury claim based on a theory of negligence. You and your attorney must prove three essential elements of negligence for a court to hold a party liable for injuries suffered on a cruise ship. These elements are:
- The cruise line owed a legal duty of care to its passengers;
- The cruise line breached this legal duty of care; and
- As a result of the breach, passengers suffered damages
Passengers harmed on a cruise ship may receive compensatory damages for their injuries. Some of these include:
- Present and future medical expenses
- Present and future lost earnings
- Vocational rehabilitation
- Household services
- Wrongful death damages
- Loss of enjoyment
- Loss of consortium
- Pain and suffering
- Emotional distress
What about staff on cruise ships? What happens when they suffer an injury? Many cruise ship injuries occur to staff and crewmembers onboard the ship. When they suffer an injury in an accident, it is considered a workplace injury. A personal injury lawyer with maritime law experience can help crewmembers and cruise line staff recover compensation after an accident.
Statute of Limitations and Forum Selection Clauses
It is of the utmost importance for individuals who were injured due to the negligence of a cruise line to re-read the terms and conditions of their cruise ticket. The statute of limitations for personal injury claims in Florida is four years. Nevertheless, most cruise ship tickets have a provision that allows only one year from the time of the incident for personal injury claims to be filed.
The cruise line might also contain a forum selection clause. Forum selection clauses specify the jurisdiction where you must file your lawsuit. Often, a cruise line will state on its contract that you must file all cruise ship lawsuits with the federal court or only in the State of Florida. In fact, Royal Caribbean Cruise Lines, Carnival Cruise Lines, and Norwegian Cruise Lines have their headquarters in Miami. They are just a few blocks from the Courthouse, where all cruise ship injury claims must be filed.
Passengers not from Florida often find themselves in a difficult predicament when they are injured and have to travel a far distance to litigate their case. These injured passengers should seek the guidance of a Florida personal injury attorney who is familiar with federal and maritime law and can litigate their case efficiently so they can save time and money on travel costs.
The legal team at Prosper Shaked Accident Injury Lawyers, PA, can file a passenger or employee injury claim no matter where you live. We will work on your behalf here in Miami and help you seek justice.
Contact Our Miami Cruise Ship Accident Lawyers
Cruise lines often skate by lawsuits by justifying the unfair conditions written in fine print on their contracts. This is why it is important for passengers injured on cruise ships to contact a personal injury attorney immediately. One year is a short time to file a claim, especially when you are still trying to get back on your feet and back to work after an injury.
Prosper Shaked Accident Injury Attorneys PA takes pride in litigating cruise ship accident cases efficiently and efficiently. Wasted time can result in less compensation received.
Call Prosper Shaked Accident Injury Attorneys PA today at (305) 694-2676 to schedule a free and confidential consultation with a Miami cruise ship accident attorney who will fight efficiently and aggressively to get you the compensation you deserve. You can also fill out our confidential contact form and we’ll get right back in touch with you!